Ministry of Natural Resources and Environment responds to the issue of dividing agricultural land
(Baonghean.vn) - Before the 8th session - 13th National Assembly, the National Assembly Delegation has compiled and forwarded the opinions of Nghe An province voters to the Ministry of Natural Resources and Environment on the issue: Proposal to amend Decree No. 64/1993/ND-CP as "agricultural population born from April 30, 1993 to present will be divided land for production, population died from May 1, 1993 to present must be cut"
The Ministry of Natural Resources and Environment responded as follows:
The 2003 Land Law stipulates: When the land use term expires, households and individuals directly engaged in agricultural production, aquaculture, salt production, and using agricultural land allocated, leased, recognized by the State, or receiving transfer of land use rights may continue to use the land... except in cases where the State reclaims land as stipulated in Clauses 1, 4, 7, 8 and 11, Article 38 of the Land Law; this provision inherits the provisions of the 1993 Land Law. The policy of continuing to allocate agricultural land to households and individuals when the term expires and not redistributing it has been consistently affirmed in the Land Law over the periods. Now, if the issue of readjusting allocated agricultural land when the term expires will be a major change in policy, causing instability and disruption in rural areas.
In fact, the process of economic restructuring in recent times has had a part of farmers switch to non-agricultural production, the rate of agricultural labor has gradually decreased over the years and according to the Socio-Economic Development Strategy 2011 - 2020, the rate of agricultural labor will continue to decrease. Therefore, adjusting agricultural land to solve the need for land for production for agricultural workers is not as urgent as in the previous period.
Implementing the Party and State's policies and guidelines, in recent years, many localities have consolidated land, exchanged plots, re-planned fields, and accumulated and concentrated land for agricultural commodity production. Redistributing land will erase the achievements that have been achieved. On the other hand, the Land Law also stipulates that land users have rights and in reality, in many cases, after being allocated land, they have converted, transferred, leased, donated, inherited, and contributed capital with land use rights; in some cases, the State has reclaimed land and people whose land has been reclaimed have been compensated, supported for resettlement, and have found new jobs.
Resolution No. 19-NQ/TW of the Party Central Committee (11th tenure) on continuing to innovate land policies and laws in the period of comprehensively promoting the renovation process, creating a foundation for our country to basically become a modern industrialized country by 2020 has clearly stated that "There is no issue of readjusting agricultural land allocated to households and individuals, but the State has appropriate policies so that agricultural land is used by people directly engaged in agricultural production with the highest efficiency". Institutionalizing the Party's Resolution, the 2013 Land Law (Article 126) continues to stipulate that when the term expires, households and individuals directly engaged in agricultural production, if in need, can continue to use the land within the term prescribed by law.
The National Assembly Delegation of Nghe An province respectfully forwards the response of the Ministry of Natural Resources and Environment to voters, organizations and agencies for information.
Delegation of National Assembly Deputies of Nghe An province
